ARUN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two appellants, father and son (appellant Nos. 2 and 1 respectively) stand convicted under Sections 304-B/34 and 201/34 of the Penal Code and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000 and on default in payment of fine to further undergo rigorous imprisonment for six months for the offences of dowry death and to undergo five years rigorous imprisonment for causing disappearance of evidence in connection with the offence.

(2.) The case was instituted on the basis of the statement made by one Karelal Ram (P.W. 4), the father of the deceased girl Vibha Devi before the police on 29.8.2000. According to his statement his daughter Vibha Devi was married to appellant No. 1 about three years ago. Prior to the occurrence she had gone to her parents' home for tying Rakhi on the occasion of Raksha Bandhan. She had then disclosed that about a month age a quarrel had taken place between herself and her step mother-in-law on the issue of cooking food. He further stated that at about 8 in the evening previous to the day on which he was masking the statement his wife informed him that one of their relations (referred to in the statement as Langra driver) had called on the telephone and said that their daughter was very sick. On this information they came to the house of the accused at about 11 in the morning (of 29.8.2000). They were told by the neighbours there that on the previous day at about 5 in the evening a quarrel had taken place between their daughter-in-law and her step mother-in-law and for this his son-in-law Arun Ram, Samdhi Durga Ram and Samdhan Gayatri Devi forcibly administered poison to her as a result of which she died after a short while; further that later on, the three accused tried to dispose of her body by drowning it in Baya river by tying the body with a piece of rope to a gunny bag stuffed with bricks. He along with his wife went to Dhobi Ghat at Baya river where the body of his daughter was recovered. He further stated that some froth was coming out of her nostrils and a piece of rope was tied to her wast.

(3.) It may be noted here that though in the statement of the girl's father there was absolutely no indication of any demand for dowry or his daughter being subjected to cruelty or harassment in connection with that demand, the police deemed fit to institute a case under Sections 304-B/34 and 201/34 of the Penal Code against the two appellants.